How long does military clause apply?

[catarocket]

What is the name of your state (only U.S. law)? Florida
I have a tenant that retired from the USAF July 1 2008.In May he gave me 30 day notice of intent to vacate and then changed his mind and decided to stay. I responded with a letter confirming his intent to stay and to forego his right to terminate using the military clause and his desire to stay thru the end of his lease period.He agreed with our property manager in a verbal conversation that he was going to stay. 3 months later on Sept 8 he decided to use the military clause again and gave me 30 day notice that he was going to terminate his lease on Oct 8. This is after he is no longer active duty USAF.

My question is how long is the military clause effective after a person retires from active duty? In the case above he followed the correct procedures while active duty and then changed his mind. Who is correct here?

Thanks for the input!

Mike

 

[acmb05]

What is the name of your state (only U.S. law)? Florida
I have a tenant that retired from the USAF July 1 2008.In May he gave me 30 day notice of intent to vacate and then changed his mind and decided to stay. I responded with a letter confirming his intent to stay and to forego his right to terminate using the military clause and his desire to stay thru the end of his lease period.He agreed with our property manager in a verbal conversation that he was going to stay. 3 months later on Sept 8 he decided to use the military clause again and gave me 30 day notice that he was going to terminate his lease on Oct 8. This is after he is no longer active duty USAF.

My question is how long is the military clause effective after a person retires from active duty? In the case above he followed the correct procedures while active duty and then changed his mind. Who is correct here?

Thanks for the input!

Mike

Actually the military clause is only if they are stationed somewhere else. If they retire or enlistment just ends they can't use that as an excuse to break the lease.

 

[queenofsand]

Sorry to contradict acmb05:

The Feds take on it:

SCRA Eligibility
The SCRA covers all Active Duty servicemembers, Reservists and the members of the National Guard while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.

Servicemembers Civil Relief Act Overview - Military Benefits - Military.com


I couldn't find any timeline specifics in FL law.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC682.HTM&Title=->2008->Ch0083->Section%20682#0083.682



I don't do math...it makes my head hurt.

Technically, he might have snuck in under the wire with the 8 Sep notice (within 90 days of retirement); but he did agree to stay for the remainder of the lease.

I don't know how this would be interpreted

 

[acmb05]

Sorry to contradict acmb05:

No problem, I can admit I was wrong on it. I always interpreted it to mean only if the service member was transferred somewhere else.

The Feds take on it:

SCRA Eligibility
The SCRA covers all Active Duty servicemembers, Reservists and the members of the National Guard while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.

Servicemembers Civil Relief Act Overview - Military Benefits - Military.com


I couldn't find any timeline specifics in FL law.

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC682.HTM&Title=->2008->Ch0083->Section%20682#0083.682



I don't do math...it makes my head hurt.

Technically, he might have snuck in under the wire with the 8 Sep notice (within 90 days of retirement); but he did agree to stay for the remainder of the lease.

I don't know how this would be interpreted

 

[acmb05]

Sorry but I am still reading it this way.

the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days.

It states nothing about if they leave active duty that they have a right to break the lease. A service member is entitled to some benefits with the SCRA for 30 to 90 days after leaving the service but I don't think terminating a lease is one of those benefits they are entitled to.

 

[queenofsand]

Hey, acmb05, you may be right.

After extensive googling and excruciating reading of gov't regs, I've found that PSC orders include retirement orders.

If retirement orders are PCS orders, does SCRA apply?

I'll stand by my original statement: I don't know how this would be interpreted.